Is an Employer Required to Withhold 10% Personal Income Tax When Paying Salary After an Employee Has Left the Company?
Question: Is an employer required to withhold 10% personal income tax (PIT) when paying salary to an employee after the employment contract has been terminated? Answer: Under Clause 2, Article 50 of Decree No. 253/2026/ND-CP, where an employer pays salary, wages, or other income to an employee after the employment contract has been […]
What Procedures Must an Employer Follow When Reducing Its Workforce Due to Corporate Restructuring?
Question: What procedures must an employer follow when terminating employment contracts due to organizational restructuring, technological changes, or economic reasons? Answer: Under Article 42 of the Labor Code 2019, an employer may terminate employment contracts in cases of organizational restructuring, technological changes, or economic reasons. However, such termination is only lawful if the employer […]
Analysis of new regulations on administrative procedures in Commercial Arbitration Sector pursuant to Decision 1241/QD-BTP
Question: I am an enterprise owner who regularly enters into commercial contracts with partners. Our contracts normally prioritize the use of dispute resolution clauses by arbitration. Please advise us on the latest administrative procedures recently amended by the Ministry of Justice, the legal risks if contracts incorrectly refer to arbitration institutions’ information, and the review […]
Update on new regulations concerning procedures for Certification of Raft and Cage Aquaculture pursuant to Decision 1763/QD-BNNMT
Question: “Our enterprise is implementing a raft and cage aquaculture project in a marine area bordering multiple provinces and preparing to expand the scale. I am informed that the Ministry of Agriculture and Rural Development has just issued Decision 1763/QĐ-BNNMT amending administrative procedures in this sector. May the expert provide clear consultation on the new […]
Announcement of New Administrative Procedures on Registration of Halal Certification Operations under Decisioon 2432/2026/QD-BKHCN
Question: “I am a representative of a goods quality certification and inspection organization. Grasping the export trend to the Islamic market, our company wishes to register the operations of providing Halal certification services for manufacturing enterprises. May I ask, under the new regulations of the Ministry of Science and Technology, what procedures we need to […]
What Is the Difference Between a Memorandum of Understanding (MOU) and a Business Cooperation Contract (BCC)?
Question: What is the difference between a Memorandum of Understanding (MOU) and a Business Cooperation Contract (BCC)? Answer Although both an MOU and a BCC are commonly used in investment transactions, they serve different legal purposes. A Memorandum of Understanding (MOU) is not specifically recognized as a separate type of contract under Vietnamese law. Its […]
What Legal Risks May Arise If a Developer Uses Deposit Funds to Finance a Project?
Question: What legal risks may arise if a property developer uses deposit funds received from customers to finance a real estate project? Answer Under Article 328 of the Civil Code 2015, a deposit is a security measure intended to secure the conclusion or performance of a future contract. In principle, deposit funds are not intended […]
Why Can a “Deposit” Be Regarded as an Advance Payment or Capital Raising?
Question: Why can an amount described by the parties as a “deposit” still be regarded by the authorities as an advance payment or an unlawful capital-raising activity? Answer Under Article 328 of the Civil Code 2015, a deposit is a security measure intended to secure the conclusion or performance of a future contract. In principle, […]
Can a Property Developer Enter into a Deposit Agreement Before a Project Is Eligible for Commercial Sale?
Question: Does Vietnamese law prohibit a property developer from entering into a Deposit Agreement before a real estate project satisfies the legal conditions for commercial sale? Answer Vietnamese law does not expressly prohibit a property developer from entering into a Deposit Agreement before a project becomes eligible for commercial sale. Under Article 328 of the […]